No preview available
HomeMy WebLinkAbout2020-108 - Resolution RESOLUTION NO. 2020-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RATIFYING THE DIRECTOR OF EMERGENCY SERVICES' EXECUTIVE ORDER 2020-5 TO SUSPEND BUSINESS LICENSE PENALTIES AND ADMINISTRATIVE CITATIONS, AND MODIFY REFUND PROCEDURES FOR THE COMMUNITY SERVICES DEPARTMENT DURING THE LOCAL EMERGENCY CAUSED BY THE COVID-19 PANDEMIC A. RECITALS: 1. International, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named "SARS-CoV-2," and the disease it causes has been named "coronavirus disease 2019," abbreviated COVID-19, ("COVID-19"). 2. On March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19. 3. On March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19. 4. On March 17, 2020, the Health Officer of the County of San Bernardino issued a public health order to prohibit all public and private gatherings and require the closure of all bars, adult entertainment establishments, and other business establishments that do not serve food, as well as movie theatres, gyms, and health clubs in response to help prevent the spread of COVID-19. 5. On March 18, 2020, the Rancho Cucamonga City Council adopted Resolution 2020-014, proclaiming the existence of a local emergency due to COVID-19 pursuant to Government Code Section 8630. 6. On March 19, 2020, the Governor issued Executive Order N-33-20 to implement directives developed by the State Public Health Officer that require all individuals living in the State of California to stay at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure and other essential sectors. 7. On May 8, 2020, the Health Officer of the County of San Bernardino amended and extended the public health order and that order remains in effect until rescinded. Resolution No. 2020-108 - Page 1 of 5 8. On August 28, 2020, the Governor released a new framework for reopening California called, "Blueprint for a Safer Economy." 9. Based on the foregoing, the Centers for Disease Control and Prevention, the California Department of Public Health, and the San Bernardino County Department of Public Health have all issued public health recommendations to the community including but not limited to staying home if sick, social distancing from non-family members, canceling or postponing events and gatherings, and taking other precautions to protect public health and prevent transmission of this communicable virus. 10. These public health recommendations and City orders impact daily life in the community as well as the livelihood and economic wellbeing of residents and businesses. 11. These orders have also resulted in the cancellation of various classes, activities, facility rentals, and theater programs offered by the City. 12. Loss of operation in indoor spaces as a result of COVID-19 may inhibit businesses from offering services in the City and sustaining their business model. 13. Pursuant to Chapter 2.36 of the Rancho Cucamonga Municipal Code, the City Manager is the Director of Emergency Services, and is empowered to make and issue rules and regulations on matters reasonably related to the protection of life and property affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council. 14. On September 30, 2020, the City Manager, acting in his capacity as the Director of Emergency Services, adopted Executive Order 2020-5 to authorize staff to implement a temporary permitting policy to allow for small business operations and places of worship in public recreation spaces for a period not to exceed one month at a time. Monthly permits will be issued for a nominal fee. The Director determined that this action was in the interest of our business community. 15. All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION: NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find and resolve as follows: 1. Findings: a. The facts set forth in the Recitals, above, are true and correct. b. The above described conditions warranted the Director of Emergency Services' actions to suspend business license penalties and administrative Resolution No. 2020-108 - Page 2 of 5 citations to counter the significant economic impacts of the public health orders currently affecting businesses within the City. 2. Ratification of Executive Order: Executive Order 2020-5 issued by the Director of Emergency Services on September 30, 2020, as attached hereto as Exhibit A, is hereby ratified and confirmed pursuant to Chapter 2.36 of the Rancho Cucamonga Municipal Code and Government Code Section 8634. 3. Effective Date: This Resolution shall take effect upon adoption. 4. Certification: The City Clerk shall certify to the adoption of this Resolution. Resolution No. 2020-108 - Page 3 of 5 PASSED, APPROVED, and ADOPTED this 21st day of October 2020. ep"M'nnis OcKlel, Wayor ATTEST: lawi4 e. A�� J nice C. Reynolds, City tlerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 21st day of October 2020. AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo NOES: None ABSENT: None ABSTAINED: None Executed this 22"d day of October, 2020, at Rancho Cucamonga, California. r. J ce C. Reynolds, City Cluyrk Resolution No. 2020-108 - Page 4 of 5 EXHIBIT A EXECUTIVE ORDER 2020-5 Resolution No. 2020-108 - Page 5 of 5 Executive Order 2020-5— Director of Emergency Services Page 1 EXECUTIVE ORDER 2020-5 OF THE DIRECTOR OF EMERGENCY SERVICES WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of a respiratory disease caused by a novel coronavirus named "SARS-CoV-2," and the disease it causes has been named "Coronavirus Disease 2019," abbreviated COVID-19, ("COVID-19"); and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and to help the State prepare for the broader spread of COVID-19; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and WHEREAS, on March 17, 2020, the Health Officer of the County of San Bernardino issued a public health order to prohibit all public and private gatherings and require the closure of all bars, adult entertainment establishments, and other business establishments that do not serve food, as well as movie theatres, gyms, and health clubs to help prevent the spread of COVID-19. On April 2, 2020, the Health Officer extended the order until such time that the Governor's Executive Order N-22-20 and the Health Officer's orders are rescinded; and WHEREAS, on March 18, 2020, the Rancho Cucamonga City Council adopted Resolution 2020-014, proclaiming the existence of a local emergency due to COVID-19; and WHEREAS, on March 19, 2020, the Governor issued Executive Order N-33-20 to implement directives developed by the State Public Health Officer that require all individuals living in the State of California to stay at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure and other essential sectors; and WHEREAS, on April 23, 2020, the County of San Bernardino issued an updated Order to permit that individuals and those living in the same household or living unit may engage in certain outdoor recreational activities at parks and other facilities; and WHEREAS, the Centers for Disease Control and Prevention, the California Department of Public Health, and the San Bernardino County Department of Public Health have all issued public health recommendations to the community including, but not limited to, staying home if sick, social distancing from non-family members, canceling or postponing events and gatherings, and taking other precautions to protect public health and prevent transmission of this communicable virus; and Executive Order 2020-5—Director of Emergency Services Page 2 WHEREAS these public health directives and City orders impact daily life in the community, as well as the livelihood and economic well-being of residents and businesses; and WHEREAS, pursuant to Chapter 2.36 of the Rancho Cucamonga Municipal Code, the City Manager is the Director of Emergency Services, and is empowered to make and issue rules and regulations on matters reasonably related to the protection of life and property as affective by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council; and NOW, THEREFORE, I, John R. Gillison, the Director of Emergency Services for the City of Rancho Cucamonga, do hereby issue the following order to become effective immediately, subject to ratification as soon as practicable by the City Council. IT IS HEREBY ORDERED THAT: 1. The City of Rancho Cucamonga will rent space in parks and outdoor facilities to businesses and places of worship that cannot safely operate indoors. 2. Space will be rented, when available, for a nominal fee to businesses and places of worship that hold a City of Rancho Cucamonga Business License, provide insurance naming the city of Rancho Cucamonga as additionally insured and a safety plan meeting State of California, County of San Bernardino and CDC Guidelines for Covid-19 operations with the City. 3. In order to be eligible for this program, applicants must follow County and/or State public health regulations and must fill out and sign under penalty of perjury an affidavit stating business is complying with current County, State and CDC public health regulations. If the applicant is approved for a rental permit and later determined to be in violation of such public health regulations; then the rental permit shall be revoked immediately, a refund will not be issued, and reimbursement for the full price of park and/or outdoor facility rental fee is required. 4. This Order shall take effect immediately and shall remain in effect until the local emergency declared by the City Council, due to the COVID-19 pandemic, is concluded, at which time it will automatically expire unless extended or expressly superseded by a duly enacted Resolution of the City Council or by a further Order by the Director of Emergency Services. cH ADOPT �is 3 th p r7e02 ppRP BY. John i ison =�:? NOV 30,�'z= c�'• 1977 erector of Emergency Services %,*'•. .•*�: APPROVED AS TO FORM: ATTEST: Vnice Reynolds, City Cierk fe-E James Markman, City Attorney c c c c f6 O O O O EL +, Z z Z 7 GJ fE f6 N (O N f6 U U L U L U a� O v- O `~ O O _ _ E E E _ E v v v -C aD t a t 4 a - a 4' O 3 O 3 O 3 O 3 QJ N N N N ++ c c c c L rn O O O O L - G1 f6 f6 N fD N f0 I-- U U L U L U 00 00 O O O E O E O E O E N N t N L aJ L O 3 O 3 O 3 O 3 a "�... N N N N .0 C: c c c N C O O O O O @ L OJ fD m N (O N m U N U U L U L U c .Q O O . O N O O O s O x E O E _ E O E m 64 N t 4J -C O � v � a �' a a a O 3 O 3 O 3 O 3 a N N N N U c c c c m O O O O Q +� :O +- v co c� N (0 N (C c� v L u L U o 00 00 �n N O O c E c E E E v au -C v - a +' a +' a a } O 3 O 3 O 3 O 3 V) a 0 s i L Q GJ v x ++ u m N06 U i L l U 7 to = H U OA c O O O V & i U O W i f0 m to . � � 0 0 � k \ m k \ cu z \ u \ ƒ m \ L \ ® k w — J o / 0 5 5 2 3 / _0 a 2 k \ E \ 0 § '} E '/ E e = u e 2 u CL ci o / . o / O / } 0 7 > E c x # Ln Ln m 0 E / 0 0 / n m \ 0 u \ ƒ \ Ln \ \ / o P o / u \ e 0 / ° / \ ° 5 u Ln � ° 5 ° 0 0 u 7 E / 5 -0 f 7 E 7 E / / [ Q u § § 2 Ln O O / O / � 7 > m > E ® = xLn Ln~ \ / E a Ln > \ ° E m ° 2 0 a o G ) a) \ § / § / m \ u Ln / % x � 2 / / ƒ 0 f 0 0 E 2 \ 0 \ ' E ' E ƒ k / u u k / k $ £ O a , , , O R O a . m > ( / f c = 0 CL E u 0 0 Y Ln/ \ 0 / E / -0 / � \ \ _0 k E / 0 o f § E 5 G G[ = _ / % / / CL - � 2 Ln (A 2 £ 0 v % LA _ \ LA o CLc aQ 0 k\ a k C @ /% m � 0 : : t : u u o u k 0 \ k / \ k \ \ / cu / / / / \ / \ § / -0 \ / _0 \ / _0 § k ƒ \ § m / 'g 2 m '� / m § / v '� § / v / $ 2 5 i 2 [ _ + + [ � + + +CL 5 O / . o 4-1 cl . o / . , oaj G \ G } J % e 'u e 'u a � 'G 1 m 0 \ \ m - c 0 \ / 0 ° § z \ ° \ ° m § k � ° k 2 R / J \ 0 / ¥ \ m 0 / y ƒ \ \ / % } % \ \ _0 % / -0 . [ m / .- [ 0 [ .- c .- [ m c ( 3 $ 5 3 ) _ % Q [ & o O o / . . O G \ 0 } 4 £ 5 '= 3 'a 3LnLn 'a ~ 0 ro m § ro m � \ : § / u u u u 2 k § / » \ 0 / y / / ° 0 / y 0 ® \ e 2 0 ® \ e 2 © § y 0 lEi ® \ 7 E § 0 7 E § 0 4 / ƒ % 7 E A [ 2 e .� § e .� § = + [ 2 5 o o o / . o G @ / \ 0 g _@ G E _/ \ E / 0 f 0 k / C k 0 / k § \ § § -0 5 _ [ _ / § / / oCL / / / � c 3 :E _ 0 0 & 0 m u e S 3 $ k tA J k 2 # / m 0 ± m / LA .] 2 e 3 ./ 2 ± o LA \ k 0 \ 0 \ '� k \ 0 � § .0 \ / ® u u 2 '� u u E > k / § \ y § / y \ § § @ » § \ cc 2 \ y / / / / ? 2 9 \ / 2 / / / / -0 / -0 2 0 7 E § g E § / a ¥ G A 7 u E E x o 2 E m S � i = > § 5 � * § % 2 $ / •Q < 2 £ o 4- . o / . o E . o / / G } 0 2 > 2 > ee > e e R # k m ƒ / f / / / Ln .- ƒ / / / ° m # u # ° G ' u — $ 2 0 / 7 / 0 / y - ( o 0 � y m o a / e t o a \ e 0 ' c c < 7 E § / 4 7 E § -0 E ƒ E m ƒ [ _I_- 3 $ » a [ 2 § £ ( Ln o \ . o / . o / o k \ 0 4a c / ƒ c c g @ g � � » \ » \ / w / .e J 0 .§ e .g G 3 u k k / j k C E ? ® 0 E o f M / e e _ a) _0 2 co E % % o � t e O R , O R O O R a , . . / c c / / / m t > � > » c m a .g e .g e .g a 3 G 0 " _0 J / / _0 $ _0 / � 4- 2 2 _ % � % \ � ± a O a O R G O R d . . . 2 ( CL IA 5 k 2 k ma 7 2 m 2 / in 0 b co w k a e / 2 0 — $ LU iA � k 2 k � E � u) V) a� Y U L c VI > O C N V N m o Q- o v E v _ L .� L O L m Ln O O O W O v a, -C a) a '_ Q O 3 • O 3 • O • • aJ Y U L = VI > O v C 4- ?� 'a O ate+ C G ra m m M O Q- O aJ U L cu O H O O m O 0 'a N =a 30 c O x c O 0 -C O O E cc aJ aJ t w a) OL �' Q } Q O 3 • O 3 • O • • a, v aj � -a O m an 3 +- O m m O N O aJ Y L '> 'O U 4J O 3 ~ O o E N L o E +, a+ 2- O 3 a) Q. O 3 oc O • • ai U C N v -a O in 3 4- c m m O O v +, > > m = =a 4- 0 3 E L =a O O E 4--0 o c } E a 3 }' a) Q O 3 oc O • • a, IA t W O m L N o O LA O L '^ 0 U M w v U. m O LU n u 3 0 a`